Texas Agriculture Code
§ 76.112 — PRIVATE APPLICATOR
AG § 76.112Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 76. PESTICIDE AND HERBICIDE REGULATION · Art. E. USE AND APPLICATION
Statute text
View on source(a)A person is a private applicator if the person uses or supervises the use of a restricted-use or state-limited-use pesticide or regulated herbicide for the purpose of producing an agricultural commodity:
(1)on property owned or rented by the person or the person's employer or under the person's general control; or
(2)on the property of another person if applied without compensation other than the trading of personal services, or services related to agricultural production, including the use of equipment, between producers of agricultural commodities.
(b)A private applicator is required to be either licensed or certified to use restricted-use or state-limited-use pesticides or regulated herbicides.
(c)An employee qualifies as a private applicator under Subsection (a)(1) of this section only if he is employed to perform other duties related to agricultural production and provide labor for the pesticide application but does not provide the necessary equipment or pesticide.
(d)A private applicator who is required to be licensed by Section 76.105 of this code shall apply to the department for a private applicator license.
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Legislative history
Acts 1981, 67th Leg., p. 1200, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, Sec. 7, eff. Sept. 1, 1981; Acts 1989, 71st Leg., ch. 230, Sec. 96, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419, Sec. 2.40, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. Sept. 1, 1997.